Judge denies activist's request to stop toll road campaign

Published: Wednesday, September 26, 2007

ASSOCIATED PRESS

AUSTIN (AP) - A judge has refused a toll road opponent's request to block the Texas Department of Transportation from spending money on a campaign that promotes toll roads and the Trans-Texas Corridor.

Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom argued the "Keep Texas Moving" campaign violates a prohibition on state officials using their authority for political purposes.

On Monday, State District Judge Orlinda Naranjo denied Hall's request for a temporary restraining order. The judge noted another law cited by state lawyers that allows the department to promote the development and use of toll projects.

"It seems that the Legislature has weighed in and given the department the authority to promote toll roads," Naranjo said.

Another hearing is expected soon on the state's motion to dismiss the case. The state contends that it's legal for the transportation department to promote toll roads and that the agency is responding to calls for public education about its projects.

Hall's lawsuit also seeks to block transportation officials from lobbying Congress to allow more tolling.

"This is just round one," Hall said Monday. "This issue is definitely not over."

Her attorney, Charles Riley, said the facts will show that the agency is using highway funds for a political purpose, and not just for providing information about toll roads.

Gov. Rick Perry and the transportation department have championed toll roads and the proposed Trans-Texas Corridor, a tolled network of superhighways, as solutions to dire transportation needs that have outpaced gas tax revenues.

A department spokesman said he had no comment on Monday's ruling and referred to earlier statements defending the department's right to promote toll roads.